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Scholars of Commercial Law

Gaskell and the Law

This book provides comprehensive analysis of the UK Procurement Act 2023 for practising lawyers and anyone else with a professional interest in in the application of this important post-Brexit regime. It sets out the text of the Act chapter-by-chapter with accompanying commentary. In doing so the authors cover a broad range of issues, including: Reviewing how the legislation is to be understood in a post-Brexit context, focussing on the key innovations brought forward in the Act Contextualising developments, describing the various relevant international instruments such as the WTO Government Procurement Agreement Setting out the consequences of departure from the EU and detachment from EU procurement law Providing detailed discussion of the body of regulations, guidance, and other soft law that frames the content of the Act and will deliver effects of the legislation Addressing the interface with other related public procurement regimes falling outside the Act, such as the Provider Selection Regime in the NHS. Written and prepared by a team of professional and academic experts who have decades of experience of procurement law between them, this is the essential text for practitioners working on a procurement dispute or advisory situation.

Text, Guide, and Analysis

UK Procurement Legislation

A Financial Times Book of the YearNo other phenomenon has shaped human history as decisively as capitalism. It structures how we live and work, how we think about ourselves and others, how we organise our politics. Sven Beckert situates the story of capitalism within the largest conceivable geographical and historical framework in this fascinating new book.Capitalism, argues Beckert, was born global. Emerging from merchant communities across Asia, Africa and Europe, capitalism's radical recasting of economic life rooted itself only gradually. Then it burst onto the world scene, as European states and merchants built a powerful alliance that would propel them across the oceans. This epic drama corresponded at no point to an idealised dream of free markets. All along, state-backed institutions and imperial expansions shaped its dynamics.Capitalism decentres the European perspective, highlighting agency, resistance, innovation and ruthless coercion around the world through to the present with the rise of Asian economies, particularly China. Sven Beckert doesn't merely add up capitalism's debits and credits in this monumental book, but allows us to think afresh about the past to help us re-imagine the future.

A Global History

Capitalism

Constitutional Democracy in Crisis? II offers readers forty-four new accessible essays on the nature of constitutional democracy and constitutional crises, how the democratic recission is being experienced throughout the world, the factors that are providing challenges for constitutional democracy, and the tools being fashioned to maintain constitutional democracy, including the possibility of more global governance. This volume informs readers of the present state of constitutional democracy throughout the world and provides them with a framework for maintaining and improving constitutional governance. The health of constitutional democracy has not improved substantially since the publication of Constitutional Democracy in Crisis? I. Widespread concern exists about the decline of constitutional democracy around the world, a phenomenon often referred to as 'democratic recession', 'democratic failure' or 'democratic backsliding.' The United States is hurtling toward competitive authoritarianism if not at that destination. The United Kingdom, France, Germany, and Italy confront powerful authoritarian movements. Eastern European countries struggle to maintain fragile democracies, while democratic efforts in the Global South confront the legacy of colonialism. Several "feel-good" cases remain: New Zealand and Australia continue as robust constitutional democracies; Poland and possibly Hungary are undergoing democratic "U-turns" after an authoritarian turn; constitutional reform failures have not dampened democratic momentum in Chile; and Brazil's strong democratic culture enabled resistance to and ultimately the conviction of Jair Bolsonaro. Struggles to establish, sustain, and restore constitutional democracy have not only persisted but accelerated over the past eight years, increasingly blurring the line between "episodic turbulence" and "structural rupture." Global developments now demand not just updated examples, but a re-examination of core assumptions, about what constitutes a constitutional crisis, how rapidly constitutional-democratic systems can be reoriented, which institutions matter most under stress, and what effective repair looks like once democratic injury is normalized. Recent events underscore the need to "pause and reflect on the constitutional project," which appears to be in crisis and perhaps outdated, "incapable of leading us effectively into the planetary epoch."

Constitutional Democracy in Crisis? II

Late medieval Bruges was a commercial hub that connected Hanseatic, English, Scottish, Portuguese, Spanish, Aragonese, and Italian traders. This book focuses on the conflict resolution of the aldermen and how merchants operated within this legal framework. The key question being whether Bruges was a city of justice. Although this was sometimes claimed by travellers, a lot of merchants confronted with the practicalities of conflict resolution in Bruges, disagreed. Fieremans analyses how customary law, institutional frameworks, and commerce intersected and were challenged by the aldermen's pursuit of justice. By clarifying the working of the aldermen, it advances our knowledge of the basic mechanisms of a late medieval law court and the evolution of the law courts of late medieval Flanders. Taking an interdisciplinary approach, the book focuses on the interplay between commerce and justice, explores the diverse merchant communities, and considers the potential lessons it offers for understanding both historical and modern markets. It sheds light on the pragmatic legal culture of Bruges and the legal mechanisms that partially regulate commerce.

Foreign Merchants in a City of Justice

Law, Leverage, and Litigation in Late Medieval Bruges

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

A provocative exposé of how our attention, behavior, and desires have been co-opted by the “choice box”—a curated set of options that offer a false sense of agency while funneling us down pre-determined paths controlled by a select few Choice boxes are all around us, but chances are you’ve never noticed them. Every time you click on a recommended video, rate an Uber driver, run a Google search, or invest in your 401k, you may think you’re the one calling the shots—but in reality, you’re limited to making the choices that a corporation wants you to make. Today, structured decision-making governs our lives to such an extent that we hardly see it at all. But who designs these choices, and whose interests do they serve? In Choose Your Own Captivity, historian Eli Cook introduces readers to the choice architects who first built these boxes and trapped us inside—from the maze-building eugenicist who invented the multiple-choice test to the marketing gurus who sold off our supermarket shelves to a few ultra-processed food giants. In less than a generation, architects like these have transformed a handful of online platforms into the richest businesses in the world. And by determining our options, controlling our actions, and even shaping our identities, they have laid the groundwork&nbsp;for the winner-takes-all game of digital capitalism that dominates us today. In a society built around the promise of free choice and personal responsibility, Cook argues, these hidden architects might just have the greatest power of all. A propulsive and vivid history, Choose Your Own Captivity opens readers’ eyes to the immense power of the choice box—and how to escape it.

How Corporations Built Our Choices and Sold Our Freedom

Choose Your Captivity

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In this book, José Rente Nascimento explores the economic, environmental, social, and cultural dynamics of the Amazon. The book weaves five centuries of transformation, highlighting geographical conditions, Amerindian resource stewardship, the rubber boom, postcolonial policies, and today’s development pressures. Spanning infrastructure, mining, ranching, and agricultural expansion, the book analyzes Amazonian challenges within their historical context.
Drawing on lessons from both failed policies and successful initiatives, Nascimento addresses urgent contemporary issues, including deforestation, indigenous welfare, land tenure, forest-based development, and the complex balance between environmental protection and sustainable growth.
More than a historical account, this book presents a conceptual framework that links past trajectories to present challenges, providing an essential and inspiring resource for students, policymakers, researchers, and all those seeking to learn from Amazonia’s history to secure its sustainable future.
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José Rente Nascimento is a Brazilian scholar who specializes in forestry, agriculture, and environmental economics. He has supported development and conservation projects throughout Latin America while working for international institutions, governments, and NGOs. A former senior natural resource specialist at the Inter-American Development Bank, Nascimento is a forester and holds an MP and a PhD from the University of Minnesota.

In this book, José Rente Nascimento explores the economic, environmental, social, and cultural dynamics of the Amazon. The book weaves five centuries of transformation, highlighting geographical conditions, Amerindian resource stewardship, the rubber boom, postcolonial policies, and today’s development pressures. Spanning infrastructure, mining, ranching, and agricultural expansion, the book analyzes Amazonian challenges within their historical context.Drawing on lessons from both failed policies and successful initiatives, Nascimento addresses urgent contemporary issues, including deforestation, indigenous welfare, land tenure, forest-based development, and the complex balance between environmental protection and sustainable growth.More than a historical account, this book presents a conceptual framework that links past trajectories to present challenges, providing an essential and inspiring resource for students, policymakers, researchers, and all those seeking to learn from Amazonia’s history to secure its sustainable future.

An Economic, Environmental, and Social History

The Amazonian Odyssey

This book champions the work of women in legal history, and their contributions to both the discipline and feminist activism over nearly two centuries. It considers women in academia, which was, in theory, open to women before they could become lawyers in most European countries. And it considers women working beyond the academy: many studied legal history in other ways; in local history societies, through archival work, and via activism. Women legal historians have been under-recognised or forgotten altogether, even where they made substantial scholarly contributions. In focusing on the work of women in legal history, this book lays the foundations for a transformational reassessment of the discipline. It asks searching questions about what counts as legal history. It demonstrates that work by and about women should appear in our legal history courses, be discussed in our seminars, and be cited in our academic work. If the field of legal history is lively, innovative, and wide-ranging, everyone working in it benefits. By shining a light on undervalued scholarship, and areas which have received insufficient attention, we challenge assumptions in our discipline and advance its methods. Whilst some women were pioneers and worked to change gendered aspects of the law, others led more ordinary lives, disappearing from the gaze of legal history even as they contributed to it. This book tells some of their stories.

Making and Shaping a Discipline

Celebrating Women in Legal History

Lloyd's Shipping Law Library

Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements.The eighth edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of Saleform 2025, the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association. It also identifies and explains the differences between the new form and Saleform 2012 (as well as providing commentary on different approaches taken by the other standard ship sale agreements). Written by renowned experts in this specialised area, the book updates and informs readers on all aspects of the regulatory environment affecting ship sale and purchase, the contemporary process and practice of buying and selling ships, and key court decisions that have directly impacted ship sales. As with previous editions, Ship Sale and Purchase continues to provides authoritative legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

Ship Sale and Purchase

The untold stories behind New Zealand's tax system through the analysis of the critical junctures in the development of New Zealand tax law and policy. From the 1912 Waihi mining strike to modern asset-stripping rules, from century-old gambling taxes to decades-long debates over the taxation of capital gains, this book reveals the fascinating threads that weave through New Zealand's tax history. Bringing together the insights of judges, policymakers, administrators, and practitioners who have shaped the system, along with inputs from tax academics, this book offers both intimate personal accounts and authoritative outside perspectives on how taxation evolved in Aotearoa and what other countries can learn from it. Why has New Zealand debated a comprehensive capital gains tax for nearly sixty years without implementing one? How did public-private cooperation forge unique policy solutions? How has New Zealand both inspired international tax developments and boldly charted its own course, often diverging from the OECD's tax guidance? These questions and many more are answered through rigorous analysis and compelling storytelling. Whether you are a tax professional, a policy analyst, a tax scholar, a student, or simply curious about the history of taxation, this collection offers invaluable insights into one of the world's most competitive, and yet cohesively consultative, tax systems.

Critical Junctures and Development

New Zealand Tax Law and Policy

Hart Studies in Private Law

This book undertakes a unique enquiry into the puzzling doctrine of undisclosed agency. Following an introduction to the doctrine and those issues that its conceptual uncertainty poses for commerce, it then charts a course through the core categories of obligations: contract, equity, tort, and unjust enrichment. In each case, various theses are explored in detail in order to identify the most robust, compelling, and commercially-appropriate rationalisation of undisclosed agency. It brings much needed clarity to a complex field of private and commercial law.

Rationalising Undisclosed Agency

To paraphrase Sir Winston Churchill, never has so much pornography been available to so many people for so little. This is the story of how the online adult industry has plummeted from its lofty heights of the late 1990s, when a savvy Web entrepreneur could charge premium prices to thousands of eager subscribers. It is also the story of how the law has completely failed to keep pace with the technological innovations that boosted and then savaged the online adult industry. It concludes by analysing the social impact of virtually unlimited pornography of every description, available to all ages at the click of a button. Useful reading for the general reader and for students and researchers involved with business strategy, the history of technology, cultural studies, sexuality, media studies and technology more generally.

Traditionally, the presence of pornography in American society has been mediated by two primary factors: legal restrictions and the relatively high cost of the product. The degree of legal restrictions on adult material has varied from era to era and community to community, but the porn premium has remained relatively constant. Given this, these should be heady days for adult business owners. Thanks to the Internet, distribution costs are virtually nil and even the most hardcore content is easily accessible in the smallest coastal hamlet and most rural farmhouse in America. Adult industry balance sheets should be bulging with profit. But in reality, far from it. The World Wide Web has completely eradicated both the legal restrictions and premium cost that used to govern adult industry economics. To paraphrase Sir Winston Churchill, never has so much pornography been available to so many people for so little. This is the story of how the online adult industry has plummeted from its lofty heights of the late 1990s, when a savvy Web entrepreneur could charge thousands of eager subscribers premium prices. It is also the story of how the law has completely failed to keep pace with the technological innovations that boosted and then savaged the online adult industry. It concludes with a detailed analysis of the social impact of virtually unlimited pornography of every description, available to all ages at the click of a button.Accessible to the general reader, this book will appeal to those who want to know more about the adult entertainment industry in America and will prove useful reading for students and researchers involved with a wide variety of academic disciplines including business strategy, the history of technology, cultural studies, sexuality, media studies and technology more generally.

The Pornography Business

Scholars of Commercial Law

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